Car insurance took so long paying my wife got a CCJ

Quentin

spacey2012 wrote: »

The Advice to "just send to your insurance" is very old and very bad advice.
Things have changed and you should have added your insurance on to the claim as joint defendant (counter claim), requested a hearing at your local court and taken your full insurance documents with you for the judge to read the contract.

Hope anyone reading this in a similar position takes note.
You can not trust your insurance to handle a CCJ claim, very old and very very bad advice.

Nothing has changed!

Ignore this ill informed advice.

(If a counter claim is required in a court case then the cost of a counterclaim will be handled by the insurer.)

spacey2012

Quentin wrote: »

Nothing has changed!

Ignore this ill informed advice.

(If a counter claim is required in a court case then the cost of a counterclaim will be handled by the insurer.)

Listen, Two people on this very Thread have obtained CCJ's following your "expert advice" .
At what point are you going to give up telling people to just leave it to their insurance.
These people have now CCJ's that could stop them getting a mortgage, credit, insurance on monthly terms and a host of other problems such as bailiffs removing property or levied court charges on owned property .
I am sorry to pull you up, but your advice is very out of date, it may have worked in the days of old, but things change and insurance companies will gladly let people get a CCJ in their name.

Ignore does not work with a CCJ claim.
Please spare these people with your advice, you are getting people County Court judgements and it is not you at risk.

Apologies to the group, but someone has to pull this "expert" up .

Quentin

Your advice is based on what?

You show some ignorance eg. when you refer to "a ccj claim", and rocking up to court with your insurance documents and expecting a judge to read them.

(And even if one ends up with a ccj it doesn't follow the ccj gets registered)

Where have I advised "ignore" the claim? My advice is as stated in the insurance policy conditions. ("Ignore" was used as what to do with your advice. Not the court documents!)

But everyone with motor insurance can check the conditions regarding what to do with any court claim or correspondence (usually set out in General Conditions). They all insist they are to be sent unanswered to the insurer.

The "group" are well aware your posts made in your authoritarian manner often need correcting, but new readers need to heed the warning at the top of the page regarding anyone being able to post and to exercise caution!

spacey2012

How many is Enough Quentin ? before you give up, how many more have to get CCJ's following your advice from yesteryear.

Never Ignore a CCJ claim anyone reading this or trust an insurance company to sort it, inform them, but have your back up plan and deadlines firmly in place and file a defence once the 14 acknowledgement deadline approaches or you will get a CCJ.

Quentin

More advice to ignore.

As stated in your policy you should pass the correspondence unanswered to your insurer.

You should not communicate with the court at all. No acknowledgement and no defence.

All this advice to ignore your policy is dangerous, as your insurer has a way out of paying any claim you have foolishly defended yourself!

You say it is incorrect and old advice that the insurer should get the correspondence.

Yet this is set out in all current motor policies.

Why not tell us what you base all this contradictory information you post is based on?

If the insurer lets you down through poor administration as long as you have stuck to the policy conditions any ccj that results will either be paid before it is registered or defended by way of the insurer getting the original ccj set aside.

spacey2012

No I said what I said, not what you said I said, if my advice is followed, the insurance company will get the CCJ, not the punter we are not going to agree.
Insurance companies are bound by contract, they are not doing you a favour !
But I really do think, you should think about the consequences, it is not your head on the block, two CCJ's in one thread is not going to change your mind nothing is, but you can not expect others to sit sidelined as people rack up CCJ claims following your advice, belligerence does not work.
This is the last correspondence, you do not own this forum, you are issuing advice that is resulting in CCJ's and I and others shall step in to prevent people obtaining county court judgements by insurance companies who refuse to honour contacts and leave people out to dry.
If that offends you sir, the BLOCK button is top right.

sodukoman

spacey2012 wrote: »

No I said what I said, not what you said I said, if my advice is followed, the insurance company will get the CCJ, not the punter we are not going to agree.
Insurance companies are bound by contract, they are not doing you a favour !
But I really do think, you should think about the consequences, it is not your head on the block, two CCJ's in one thread is not going to change your mind nothing is, but you can not expect others to sit sidelined as people rack up CCJ claims following your advice, belligerence does not work.
This is the last correspondence, you do not own this forum, you are issuing advice that is resulting in CCJ's and I and others shall step in to prevent people obtaining county court judgements by insurance companies who refuse to honour contacts and leave people out to dry.
If that offends you sir, the BLOCK button is top right.

This, is as accurate as your other advice...top right says 'Search MSE...'

BertTheRaccoon

Quentin's advice is quite correct.

1- If you try to defend proceedings issued against you yourself and make a mess of it, you compromise the ability of your insurers to correctly defend a claim - this may put you in breach of your policy terms & conditions and have your insurers seeking recovery from you of losses they may not have had to pay out.

2- Policy conditions require legal proceedings issued against the insured person to be passed onto the insurer.

3- Insurers only get added to proceedings as a 2nd Defendant if there are indemnity issues (such as the policyholder has not reported the incident to them or other policy term breaches such as non-declared mods etc) This enables the insurers to have a voice within the proceedings when they have not been given permission by the insured to deal.

4- An insurer does not "counter claim" their losses in their own name / as a separate party. They only counter claim if there is a loss they need to recover because their own insured is not wholly/ partially to blame and they have incurred an outlay. When they need to do this, they can do it in the name of their own policyholder through what is called a right of subrogation.

5- The insurers would not get the CCJ instead of the punter, as the insurers are not named in the proceedings, not do they need to be.

magpiecottage

princessnat83 wrote: »

Hi, sorry to hijack ur thread. I'm having a similar problem. I received court paper, forwarded to insurance company they haven't done anything and I now have a ccj. I'm really worried about this as I have credit cards and I'm worried I will have these withdrawn etc. It's been one week and the insurance company are trying to have to aye aside but in the meantime I could have my mortgage refused, credit cards withdrawn. Help! What can I do?

Although there is some controversy about whether you should submit your paperwork to you insurer or not, you will almost certainly find that your contract (i.e. the policy) says you must forward it unanswered.

To do otherwise risks you ending up with no cover.

So I am of the view that Quenting and BertTheRacoon are right.

However, for the insurer not to respond promptly or to allow you to get a CCJ without telling you what has happened is unacceptable.

You should therefore forward the documentation with a letter complaining that they have allowed it to get that far.

You can scan the document in and e-mail or fax it or you can snail mail it.

If you do the latter get proof of posting (free from the Post Office).

Either way, make sure you have copies of everything.

If necessary, you can get FOS to force the insurer to sort things out.

Furthermore, if FOS sees repeated failings of this nature from an insures, it will report it to the FCA which can then take enforcement action against the insurer.

rs65

spacey2012 wrote: »

Things have changed and you should have added your insurance on to the claim as joint defendant (counter claim), requested a hearing at your local court and taken your full insurance documents with you for the judge to read the contract.

Hope anyone reading this in a similar position takes note.
You can not trust your insurance to handle a CCJ claim, very old and very very bad advice.

Spacey, I really think you should step away from this, and all other, insurance threads.

Your incorrect views could cause damage one day.

Bringing a co-defendant into a claim is not a counter-claim.

The term 'CCJ claim' means nothing.

The only part of your posts that I can vaguely agree with is that not all insurers can be trusted to efficiently handle a county court summons. As others have said, these should be passed to your insurers unanswered but don't just then forget about it. Keep on top of your insurers to make sure it is being handled correctly.